Commonwealth v. Dombek
Commonwealth v. Dombek
Opinion of the Court
The appellant was convicted of murder of the first degree in the court below, and on this appeal a new trial is asked for solely on the ground that one of the jurors who sat in the case was not a citizen of the United States. It seems that this fact, if it be a fact, was disclosed to the prisoner’s counsel some days after the trial. Nothing was before the court below in support of the motion for a new trial on the ground that a juror was an alien except the ex parte affidavit of that juror, and in it he
The assignment of error is overruled, the judgment is affirmed and it is ordered that the record be remitted for the purpose of execution.
Reference
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- Syllabus
- Criminal law — Murder—New trial — Juror not a citizen of the United States. 1. A conviction of murder of the first degree -will not be set aside on appeal, and a new trial granted, where the sole reason alleged is that one of the jurors was not a citizen of the United States, if it appears that the prisoner had had an opportunity to ascertain the qualifications of the juror, had not availed himself of such opportunity, and had not been misled or deceived in accepting him as a juror. In such a case it is too late after an adverse verdict for him to ask a reversal for the reason assigned.